HB5339 93RD GENERAL ASSEMBLY

LRB093 17462 DRH 43128 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB5339

Introduced 02/06/04, by Michael J. Madigan

SYNOPSIS AS INTRODUCED:

625 ILCS 5/18c-7403

from Ch. 95 1/2, par. 18c-7403

Amends the Illinois Vehicle Code. Makes a technical change in a Section concerning railroad safety standards.

A BILL FOR

AN ACT in relation to transportation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Vehicle Code is amended by changing Section 18c-7403 as follows:

(625 ILCS 5/18c-7403) (from Ch. 95 1/2, par. 18c-7403)

Sec. 18c-7403. Enforcement and Waiver of Safety Requirements.

(1) Enforcement. Except with regard to grade crossing obstructions under Section 18c-7402 of this Chapter and trespass on railroad rights of way and yards under Section 18c-7503 of this Chapter, jurisdiction to initiate actions to enforce provisions of this Chapter is vested exclusively in the Commission. Where a valid federal statute, regulation, or order sets forth procedures or sanctions for violation of safety standards, and those such procedures or sanctions are preemptive of state law, the Commission shall exercise its enforcement jurisdiction under this Article in accordance therewith. Otherwise, the provisions of this Chapter regarding enforcement procedures and sanctions shall apply.

(2) Waiver. The Commission may waive any of the safety requirements under this Article if continued adherence to the requirement or requirements is not required for the safety of railroad employees or the public.

(Source: P.A. 90-257, eff. 7-30-97.)